Counsel for Investment Properties and 1031 Transactions.
Numerous purchases and sales of both strategic and investment properties, including 1031 transactions.
Counsel to ThyssenKrupp on Development of North American Headquarters and Innovation Center
Development of North American Headquarters and Innovation Center for Thyssenkrupp Elevator Corporation located at The Battery® (Atlanta Braves Baseball Facility).
Counsel on Development of Marketplace
Development of Marketplace Los Gatos, in Los Gatos, California.
Successfully Represented Tenant by Settling Real Estate Dispute regarding Lease and Purchase Option
Successfully defended two companies in an action filed by landlord to terminate a commercial lease and purchase option agreement. After filing counterclaims and engaging in strategic discovery and depositions that exposed the landlord and its principal to liability for punitive damages, successfully negotiated settlement for client to purchase property at below fair market value with landlord paying nearly $200,000 of clients' attorneys' fees and costs.
Counsel to Publicly Traded U.S. Casino Operator
Served as primary gaming counsel for a publicly traded U.S. casino operator and its majority shareholder. Representation included all gaming regulatory and licensing issues, as well as the acquisition of portfolio properties.
Counsel to Receiver
Counsel to receiver regarding federal firearms license holder engaging in sale and renting of firearms, and separate sale of real property and business assets/operations, including privileged licenses, to generate recovery for creditors.
Counsel to Financial Institutions
Represented multiple financial institutions in real estate, construction, and working capital financing transactions, including lead negotiation and drafting of credit agreement, promissory note, mortgage, assignment of leases, security agreement, and other ancillary documents related thereto.
Counsel on $1MM Easement for Telecommunications Equipment
Counsel to a building owner in developing, negotiating, and drafting a $1MM roof top access easement for telecommunication equipment company with an ongoing monthly residual to building owner as new telecommunication equipment companies access the site.
Commercial Transactions and Real Estate
Lead or co-counsel in several commercial litigation cases involving commercial transactions and real estate matters.
Counsel to Leading Appliances and Tools Retailer
Represent leading retailer of appliances and tools, as well as lawn and garden, fitness, and automotive repair equipment in connection with real estate related joint ventures.
Counsel to Municipality on $14.5MM Development
Counsel to a municipality in $14.5MM case of first impression regarding a public/private residential real estate development using the municipality's Brownfield Redevelopment Authority for project financing to redevelop 82 acres of previously vacant/obsolete property.
Securities Offerings in Capital Raises and Entity Organization
Counsel on securities offerings to multiple broker-dealers and entrepreneurs in capital raises and entity organization for a myriad of ventures, such as wine production, real estate (commercial/residential, assisted living), food services, automotive, manufacturing, IP licensing, and tech start-ups.
Counsel to Food Service Provider
Counsel to food service provider on all matters including franchise matters, food commissaries/distribution, litigation, tax compliance, and real estate transactions.
Counsel on Real Estate Matters
Represented sellers and purchasers in over $500MM in real estate assets including personal residential, shopping centers, restaurants, manufacturing facilities, office buildings, hotel complexes, and other commercial portfolios.
$9MM in Tax Credits Obtained for Real Estate Development Group
Counsel to a private real estate development group for syndicated tax credit and economic incentive loan structure, resulting in nearly $9MM of available tax credits and low interest rate financing for new hotel and multi-use commercial development project.
Real Estate Litigation
Counsel on real estate litigation matters including evictions, partitions, quiet title actions, breach of contract, and other real estate related causes of action.
Counsel to Landlords and Tenants
Represented landlords and tenants in a wide variety of simple and complex matters, including lease negotiations, evictions, commercial eviction defense, and lease workouts.
Real Estate Purchase and Development Contracts
Lead negotiation and drafting of various diverse and complex real estate purchase and development contracts for numerous real estate developers/companies regarding the multiple takedown of real estate and negotiation of financings for the development of property(ies).
Counsel for Commercial Landlord and Tenant Clients
Lead negotiation for various landlord and tenant clients, including multi-national clients, regarding all aspects of their commercial, office, and retail leases, including co-tenancy issues both in the United States and Canada.
$23MM Purchase of Large Apartment Complex
Lead negotiation for $23MM purchase of a 208 unit apartment complex in McHenry, IL, including all purchase and sale documents and due diligence matters.
$8.5MM Purchase of Office Complex
Lead negotiation and drafting of commercial loan documents for a Chicago client for the financing of an $8.5MM purchase of an office complex near Chicago's O'Hare Airport.
Counsel for Lease to Cell Phone Tower Operators
Lead negotiation for a Chicago client to protect its interests in real estate at an office complex where the client sought to lease, through easements, the entire roof to cell phone tower operators; included negotiation of all documentation.
Purchase of Office Complex
Served as primary attorney with respect to the $3MM purchase of an office complex in Oak Brook, Illinois.
Sale of 37 Parcels – Cook County
Served as primary attorney for the simultaneous sale of 37 parcels of real estate in Cook County, Illinois for a bank client.
Sale of 300 Lot Subdivision
Acted as lead counsel in the negotiation and drafting of a purchase and sale agreement for a 300 lot subdivision in Sandwich, Illinois.
Sale of 150 Lot Subdivision
Acted as lead counsel in the negotiation and drafting of a purchase and sale agreement for a 150 lot subdivision for Lighthouse Pointe in Illinois.
Counsel to Developers
Serve as counsel to a number of developers with respect to their purchase and sale of real estate, and related financing and development, including condominium development.
Counsel to Chicago Lender in Florida Shopping Center Purchase and Development
Lead negotiation for a Chicago lender of $6.5MM to finance the purchase and development of land in Florida for a shopping center, including construction loan and end financing. We also lead negotiation of the loan restructuring due to the downturn in Florida real estate.
Lead negotiation for the Restaurant Finance Group of a bank vendor financing company regarding loan facilities for the purchase and construction of Applebee's and KFC franchises throughout country.
Lead negotiation for restaurant client with respect to all of its restaurant leases in multiple downtown Chicago locations.
Lead negotiation for a manufacturing client of office leases for its Elk Grove Village and Collar County locations.
$15MM Commercial Real Estate Mortgage
Lead negotiation and drafting of loan documentation for $15MM commercial real estate mortgage involving commercial mortgage backed securities, including negotiation and drafting of mortgage, promissory note, assignment of rents and leases, environmental indemnity agreement, guaranty of recourse obligations, asbestos operations and maintenance agreement, escrow agreement, subordination agreement, lock box agreement, and other ancillary documents.
Asset Purchase of Distribution Facility
Lead negotiation of the complex asset purchase of a distribution facility in Ohio, including negotiation and drafting of joint venture agreement, asset purchase agreement, management services agreement, purchase of real estate, and negotiation of terms of credit facility.
Sale of Real Estate at Manufacturing Facility
Served as primary attorney with respect to the $6MM sale of part of the real estate at a manufacturing facility in Illinois, which involved the sharing of facilities between seller and buyer, complex cross easement agreements, and division of land and zoning issues.
Handled numerous real estate transactions, including acquisitions, development, and leasing issues.
Real Estate Commercial Leases
Prepared and negotiated leases/ground leases on behalf of numerous tenants including Buffalo Wild Wings franchisee, Ruby Tuesday franchisee, Big Boy International, Snap Fitness franchisee, Blackrock Bar & Grill franchisee, along with several commercial leases for office, warehouse and manufacturing space for local, regional and national corporate entities.
Specific Performance Granted by Summary Judgment
Represented a business and real estate purchaser in an action seeking specific performance. While summary judgment for specific performance is rarely granted, we obtained such relief on behalf of our client and successfully defended the judgment on appeal.
Successful Defense of Claim for Specific Performance
Represented defendant property owner in an action for specific performance of a purchase agreement for the sale of 22 acres of property. After a four-day trial, the jury returned a verdict of no cause on the plaintiff's complaint.
Counsel to Commercial Lender
Counsel to private commercial real estate lender relating to creation of multiple private investment vehicles to engage in more than $100MM of real estate secured loans.
Defense Verdict for Real Estate Investment Firm
Represented a large real estate investment firm being sued in Colorado for misrepresentation and breach of contract stemming from a multimillion-dollar project. After a two-week trial, we obtained a defense verdict.
Real Estate Purchase of Industrial Site
Represented the real estate purchaser of a suburban industrial site, including negotiations relating to environmental remediation.
$29MM+ State and Federal Tax Incentives for Autonomous Vehicle Manufacturer
Counsel to an autonomous vehicle manufacturer for employment tax and real estate transaction support along with advising and securing a multi-state incentive package resulting in more than $29MM in state and federal incentives related to the growth and investment in new R&D and manufacturing operations as well as retaining and adding new jobs.
Lead Counsel to Buyer of Ford Dealership
Lead deal counsel to buyer of a Ford Dealership and related real estate.
Lead Counsel to Seller of Harley Davidson Dealership
Lead deal counsel to seller of a Harley Davidson Dealership and related real estate in 2018.
Counsel to Nevada Charter School in Acquisitions and Other Matters
Lead counsel to a Nevada charter school in the following matters: (1) $8.4MM and $3MM acquisitions of campuses in Las Vegas and Henderson, Nevada; (2) leasing of three campuses for 20 to 40 years; (3) construction of a new school facility on Nellis Air Force Base; and (4) numerous other matters, including student discipline, employment, public procurement, vendor, special education, and compliance matters.
Residential Real Estate
Exceeded over $2B in residential transaction closings by volume.
Sale of Commercial Properties
Advised client in the $12MM sale of multiple commercial properties located in Detroit to a strategic purchaser.
Defense Verdict Obtained for Developer of Historic Cal Neva Lodge
Represented the developer of the historic Cal Neva Lodge in Lake Tahoe (formerly owned by Frank Sinatra) in breach of contract and fraud action brought by an investor, claiming the developer misrepresented the financial status of the project. After a two-week trial, we obtained a complete defense verdict and an award of over $5MM against the investor for interfering with a commercial loan that would have allowed the project to be completed.
Counsel to Holding Company
Counsel to real estate holding company regarding sale of real estate portfolio for more than $22MM.
$25MM Acquisition by National Nonprofit Health Club
Counsel to national nonprofit health club operator for $25MM acquisition and redevelopment of new headquarters complex, including negotiation and drafting of maintenance agreements, zoning variance planning, commercial leases, and parking facility sharing arrangements.
Successful Resolution of Adjoining Property Owner's Illegal Use
Represented a property owner in a matter involving an illegal use of adjoining property that severely diminished the value of our client's property. Prior to our involvement, litigation had been ongoing for over two years. Once retained, we successfully resolved the controversy through alternative dispute resolution and negotiated payment of a substantial portion of our client's legal fees.
Food Processing Company Wins in Arbitration
Defended a food processing company in an arbitration proceeding involving several real estate issues between adjoining land owners. Obtained a defense arbitration award of zero dollars in the client's favor when the claimant sought over $1.3MM, and obtained a full award of damages on our client's counterclaim.
Successful Settlement of Restrictive Covenant Action
Represented a commercial property owner defendant in litigation involving allegations of breach of a restrictive covenant. The plaintiff was represented by one of the most respected trial attorneys in Nevada. We obtained a favorable settlement following an evidentiary hearing where plaintiff's request for preliminary injunction was denied.
Summary Judgment Granted on Rezoning Classification
Argued a victorious summary judgment motion on behalf of our client concerning a rezoning classification, which paved the way for our client to construct and operate a multi-million dollar grain-handling facility.
Real Estate Commercial Leases
Prepared and negotiated leases/ground leases on behalf of landlords who leased to national/regional companies (or their franchisees) including O'Reilly Auto Parts, Dollar Tree, CVS (and Arbor Drug), Family Dollar, Kroger, Sears Hardware, Emery Air Freight, Caribou Coffee, Tower Automotive, Papa Romano Pizza, The Private Bank, Northern Trust, Oppenheimer, Morgan Stanley, Blockbuster, Radio Shack, and Navistar.
Defense Verdict in Real Estate Dispute
Representation of an individual in a real estate dispute where we obtained a defense verdict in arbitration and received an award of attorney's fees and costs incurred in defending the action.
Real Estate Refinancing
Represented the borrower in negotiations for the refinancing of two mixed-use skyscrapers in downtown Detroit.
Detroit Riverfront Development
Represented the developer in negotiations with the city of Detroit for a multi-acre residential development along the Detroit Riverfront.
Summary Judgment and Attorney's Fees Awarded
Obtained a summary judgment and a six-figure attorney's fee award in an action brought in Indiana by an automotive dealer-subtenant and the dealer-controlled landlord seeking to terminate our client's position as lessee/sub-lessor.
Property Tax Savings and Refund Awarded
Represented a large natural-gas-fired combined-cycle electric generating plant in a multimillion-dollar property tax appeal concerning the complex subject matter of power plant valuation. After extensive discovery and a full trial (affirmed on appeal), we obtained a judgment for our client resulting in the lowering of the property assessment by over $200MM. In addition to a multimillion-dollar tax refund to our client, the judgment resulted in millions of dollars in tax savings not only in the tax years under appeal, but also in subsequent years.
Summary Judgment Granted on Fraud Claims
Represented a land developer of a sports arena in a dispute with the city over the development agreement. We successfully won summary judgment on the fraud claims. City of Henderson v. Milam, 2013 WL 12078304 (Nev.Dist.Ct.).
Commercial Retailer Wins on Easement Dispute
Represented a large commercial retail operation in an easement dispute between property owners in a large mall development. Our representation included argument before the Michigan Court of Appeals, who reversed the trial court's summary disposition ruling against our client, and instead, entered a summary disposition order in our client's favor.
Counsel to Developers of Wind Energy Projects
Represented some of the largest developers of wind energy projects in the U.S. to assemble or acquire necessary acreage for utility-scale projects in 12 states. In several cases, we were able to cause simultaneous agreement among a major project developer and up to 80 landowners.
Representation of National Bank in Bankruptcy Matters
Represented a national bank in a wide variety of matters including a successful motion for appointment of a Chapter 11 Trustee over a marina, successful motions for appointment of receivers for various real property developments, and successful defense of a fraud claim in connection with a settlement placed on the record in state court.
Purchase of NBA Franchise
Assisted in the purchase of a NBA franchise valued at over $400MM, including review of real estate issues, organizational structure, financing, and interfacing with local government.
$3.5MM Award for Large Apartment Complex Owner
Represented the owner of large apartment complex against a large national brokerage corporation involving allegations of fraud and double escrow. After a week-long trial, our client was awarded over $3.5MM.
Appellate Court Upholds Judgment for Property Owner
Represented a property owner in an action involving damage caused by encroaching tree roots. We obtained an injunction requiring our client's neighbor to remove two trees due to encroaching tree roots following a two-day evidentiary hearing, and then obtained summary judgment resulting in a finding of alter ego, and judgments of $30,000 in compensatory damages, $80,000 in attorneys' fees and $100,000 in punitive damages, all of which were upheld on appeal. Prestige of Beverly Hills, Inc. v. Weber, 2012 WL 991696 (Nev. Mar. 21, 2012) (affirming judgment).
Lead Counsel to European Bank
Lead counsel to a European bank in the foreclosure upon, leasing, and subsequent $50MM sale of a luxury hotel/casino property located in Lake Las Vegas, NV (listed in the top 5 largest S. Nevada real estate deals in 2012).
In-House Counsel for Big Boy Restaurants
Acted as interim in-house general counsel for 12 months for Big Boy Restaurants International, a regional family restaurant franchisor, in matters such as advising, directing, and handling the legal aspects of franchising, leasing, construction, employment, insurance, property sales, trademark, and various other day-to-day legal matters as they arose.
Representation of Receiver
Represented a receiver in marshaling nationwide real estate holdings to secure, preserve, and where necessary, liquidate the same on behalf of thousands of investors who sued under various fraud and contract theories. In re: USA Commercial Mortgage Company, No. 2:07-CV-00892-RCJ-GWF (D. Nev. 2009).
Successful Settlement for Minority Partner
After defeating summary dismissal attempts, we successfully obtained a settlement on behalf of a minority partner whereby the majority partner forfeited 40% of his interest in a real estate partnership in favor of our client, who then became the majority partner of the partnership with real estate holdings valued in excess of $8MM at the time of the settlement.
Real Estate Lease
Successfully represented the real estate subsidiary of a nationally recognized automotive manufacturer in an action brought by a dealer-tenant in state court in Hawaii, claiming that our client had tortiously interfered with the plaintiff's attempt to assign a lease.
Real Estate and Forgery
Represented the former wife of a debtor in a case that involved several parcels of real estate and forgery issues.
$350MM in Venture Capital Financing for 30+ Entities
As general counsel for a publicly traded Chicago based multi-national technology and services company, we were responsible for negotiating and documenting transactions providing $350MM in venture capital financing to more than 30 entities between June 2000 and July 2001. We lead the acquisition of more than 25 entities between October 2000 and August 2002, including the stock-for-stock acquisitions of seven public companies and the acquisition of assets from the bankruptcy estates of two public companies. We were also responsible for SEC compliance, board counseling, and managing an approximately $3MM annual legal budget.
Lead attorney for the acquisition, development, and lease-up of both phases of a large office and research complex in Novi, MI.
Counsel on Sale of Parcels to Home Depot and Sears
Lead attorney in the development and sale of numerous business site condominium parcels at Silver Lake Village in Fenton, MI, involving national retailers Home Depot and Sears (Hardware).
Nearly $30MM Obtained for NFL Stadium
Obtained nearly a $30MM recovery for an NFL stadium in a highly publicized dispute with a NFL franchise that threatened to abandon its lease and move to a new stadium. The case involved complicated and antiquated contracts, compounded by complex damage and mitigation issues due to the unique use and development potential of the stadium property. We also obtained dismissal of a related class action lawsuit brought by season ticket holders concerning stadium service fees. Percha v. Detroit Lions, Inc. and City of Pontiac, No. 240675 (Mich. Ct. Apps. Dec. 23, 2003).
General Counsel for Chateau Communities
Acted as general counsel to a public company, Chateau Communities, Inc., addressing a majority of all corporate and commercial issues including insurance issues, company service contracts, joint ventures and co-development agreements, and property management issues.
Large Recovery Obtained for NFL Football Stadium
Successfully obtained a large recovery for an NFL football stadium resulting from the breach of a lease by the NFL franchise, which vacated the stadium to move to a new venue during the lease term. The case involved complex damages and mitigation issues uniquely related to professional sports stadiums.
Abandoned Easements Revived
Representation of an industrial client whose neighbor was intent on leveraging concessions by using obsolete, but legal, recorded easements to restrict truck access to the plant. Reaching a deadlock, the parties were on the eve of filing suit. We worked with opposing counsel to ascertain previously abandoned easement access routes, thus avoiding costly and damaging litigation for our client. The parties operate to date using the easements created in the settlement.
Lead Counsel in $85MM and $32MM Acquisitions of Real Estate Portfolios
Lead attorney in acquisition of $85MM and $32MM real estate portfolios involving multiple operating manufactured housing communities throughout the U.S.
Lead Counsel for Chateau Properties in Real Estate Matters
Lead attorney for the due diligence into all property matters in connection with lead up to and eventual initial public offering of the multi-state manufactured housing community owner/operator, Chateau Properties, Inc. (n/k/a Chateau Communities, Inc.) and its subsequent merger with a comparable REIT, ROC Communities, Inc. and its real estate holdings.